447]

I JAMES II. Trials of Fernley, Ring, Mrs. Gaunt, & Cornish, [448

me notice when you came in the morning.
Why did not you give notice?
Sheppard. I was bere attending from eleven
o'clock till half an hour after three.

1

Att. Gen. Did you send in any word? Sheppard. I could not tell who to send in: I was here expecting to be called.

Just. Street. You have had a favour that no man ever had.

Sol. Gen. Gentlemen, there hath been a very great indulgence given to the prisoner, and it is to shew you what tenderness a court of justice hath, and always will have, of the lives of the king's subjects: After a full evidence, though he had neglected his defence, yet you were again sent for into court, to hear what further evidence he had to offer to you. I cannot but observe, this looks like a subtile contrivance on the prisoner's part; you see what endeavours have been made by Mr. AttorneyGeneral to have had him here a witness for the king; you have observed he told you he had a subpoena for him, but he was absent; in what company he was absent yesterday he hath told you, with Mr. Cornish's son: this morning he was not to be found, after he had received this subpoena, and a subpoena from Mr. Cornish ; stays without, and gives no notice; but when you are withdrawn, can send intelligence to Mr. Cornish, that he hath somelting to say, that he hopes will excuse him: now what that is, I must beg you a little to observe. Truly I am very glad for the satisfaction of all men, that Mr. Sheppard hath now been here, and he is so far from invalidating any one part of the testimony, that by all the circumstances you can collect from this evidence that is given, it is a corroboration of it. Mr. Cornish was accused of being present at consultations that have been held against the life of the king, and for raising rebellion at Mr. Sheppard's house; his excusing his not coming there is a sufficient argument to prove he was privy to their meeting, he hath gone on further, and proved to you the reading the declaration. Sheppard to this witness? Mr. Cornish, by Now what says the way, I must observe to you before he did deny his being there; he had been sometimes in company with Ferguson, but he did not like the man, he says, because of his morals: now the witness he hath produced hath given you this testimony, that Mr. Cornish hath been there in that company, that he came in such a manner, that no man but must be satisfied he was privy to their designs, and did know of their meeting, for he comes when the duke of Monmouth, and the rest of the conspirators were there met in private, with a direct charge to Mr. Sheppard, that is the witness, that they should be so private, that no one servant should come up into the room: yet Mr.Sheppard tells you, that when Mr. Cornish came, he carried him up into the room, without so much as acquainting any one of the company that Mr. Cornish had a desire to come, but brings him up as if he were (and I make no doubt but you will imagine, he was) one of

the company. When he comes there, he says, the head of that conspiracy; and he himself, his business is with the duke of Monmouth, tells you he never had any dealings with the man imagine of that man that had no dealings duke of Monmouth in his life. What can a in a place, where no mortal could know, and with the duke of Monmouth, to find him out time, and at that place, under those circumnone was to know, and coming to him at that stances of concealment, no man almost but out of his own mouth must believe that he was privy to that conspiracy: therefore though this witness doth seem to forget some part of the evidence, the reading the declaration, and holding the candle; yet these are such circumstances that in themselves do carry a proof of the charge, and do confirm all the rest that the witness hath said; and this must be great satisfaction to you, that he was there present and privy to that design. And so I leave it to your consideration.

and returning, brought Mr. Cornish in Guilty, and found one hundred and forty pounds for Then the jury withdrew for a short time, the king in Mr. Sheppard's hands.

Clerk. Set Elizabeth Gaunt to the bar:

commanded to keep silence, whilst judgment
Cryer. O-Yes, all manner of persons are
[Which was done.]
is giving, upon pain of imprisonment.

Thou standest guilty of high-treason, &c.
Clerk. Elizabeth Gaunt, hold up thy hand.

here been indicted for that great crime of high Recorder. You Elizabeth Gaunt, you have treason, and that particular part of it, for harbouring, and comforting, and assisting, and cherishing of traitors, more especially of one Burton; you have had your trial, and a very you guilty: It is the duty of my place to pro fair trial, and upon that the jury have found nounce the sentence the law hath provided for such high crimes as these are, and that is no other but this :

6

That you are to be carried back to the place from whence you came, from thence place of execution, and there you are to be you are to be drawn upon a hurdle to the burnt to death; and the Lord have mercy upon your soul.'

several untruths of me.
Mrs. Gaunt. I say that this woman did tell

Recorder. Is that all you have to say?
Mrs. Gaunt, I do not understand the law.
Henry Cornish, hold up thy hand, &c.
Clerk. Bring Henry Cornish to the bar..

Cornish. My lord, now the law bath past
this honourable bench, that you will be pleased
upon me, I do humbly pray your lordship, and
lead a peaceable, quiet, and dutiful life and I
to intercede for me with his majesty. I shall
hope, when you come to reflect upon what
hath been said to day, that perhaps you will
be of another mind, and have more charity for
me than you had upon my trial: for in the sim-

plicity of my heart, and in the presence of God, I do declare I am innocent: and if your lordship, and this honourable bench, intercede with his majesty, it will be an eternal obligation upon me, and I shall live faithfully, peaceably, and loyally as long as I live. I presume to beg this, and I promise myself, and hope it will stir up the hearts of some persons, that they will not leave me destitute of friends in such a case as this; having a wife and several children, it will be an act of charity.

Recorder. The court does give you your request, and if there be any misery brought upon your family, it is done by yourself.

Clerk. William Ring, hold up thy hand, &c.
Ring. I had no notice given me an't please
your lordship.
Recorder. Where is the executioner, is he

here?-Exectnioner. Yes.

Recorder. Why do not you do your duty to Mr. Cornish?

Clerk. John Fernley, hold up thy hand; thou standest convicted of high treason, for traitorously harbouring one James Burton; what canst thou say for thyself? &c.

Fernley. It is very hard measure 1 have had, I have nothing to say, but the king's mercy.

Recorder. Is that all you have to say? Fernley. I have nothing but the king's mercy.

Recorder. Tie him up then, tie him up. Cryer. O-Yes, all manner of persons are commanded to keep silence, whilst judgment is giving, upon pain of imprisonment.

Cornish, that you have been indicted for; and, I must tell you, whatever apprehensions you have to the contrary, and may please yourself in, I am sorry to see such a sort of pleasure in your countenance, as if you had had no favour shewed you. I believe the court hath shewed you more favour, and had more patience with you, than ever any man that stood in your place had; for calling a witness after the jury hath been out, is a thing I never saw a precedent for: And I am glad it was done, for I think it hath cleared the thing beyond all mamer of contradiction: before it looked something dark for want of Sheppard, and so it is a happiness that that man was called to convince lemnly against, which I am sorry to see in you, you of many things that you protested soin this condition that you are, to make such

solemn protestations, and afterwards call a other two, here is Mr. Ring is very notorious witness to confront you in them. For the for harbouring a couple of traitors knowing from whence they came; and if it were not for such persons as these are, that do harbour them when they fly, it may be there would not be so many bold attempts to commit such crimes as these are: To provide for them, and nourish them, and comfort them, after they have committed their villainies, this does encourage them to commit their villainies as they do, and so I reckon harbourers to be worse than traitors themselves; they are like receivers to thieves. There would not be so many traitors, if there were no harbourers. You have been convicted of these great crimes; it is too late, and not fitting to spend time any longer, but to pronounce the several sentences against you, which is this:

6

'You must, every one of you, be had back to the place from whence you came, from thence you must be drawn to the place of

hanged by the necks, every one of you by the neck till you are almost dead; and then you must be cut down, your intrails must be taken out and burnt before your faces, your several heads to be cut off, and your bodies 'divided into four parts, and those to be disposed of at the pleasure of the king; and the Lord have mercy upon your souls.'

Recorder. You the several prisoners at the bar, you have been severally indicted here of the bigh crime of treason. For you, Mr. Cornish, I apply myself first to you. Your crime is for treason that was committed in his late majesty's life time, being one of those no-execution, and there you must severally be torious conspirators that designed to raise rebellion, and others some of them immediately designed the life of his majesty that then was, and his present majesty, that was the design of some of them; and others, they had another part, that was to raise rebellion, and particuJarly some of them in and about this city, and it was carried on some time before it was discovered, may be a year or more, under colour and pretence of law: For so did they invade -the government, first of all by packing of juries, there was the foundation laid whereby to bring on that business, which they had at last designed when they could bring it to a ripe head. Too many persons in that business, I believe, were very busy, meddling with what they had not to do with; clubbing and caballing how to bring their designs about, in opposition to the government, not to support it in the least, but to overthrow it if it were possible: "It is not to be doubted but this gentleman But then at last, they must take another course, had great hardship, and unworthy usage in his for no longer could they carry it on by pre-imprisonment, trial and condemnation, and that tence of law, as you have heard to day: Now he suffered upon wretched evidence: But at we must take other measures, and take down- the same time it is not to be forgotten what right blows. This is the business, Mr. encouragement he gave to such sort of evi2 G

VOL. XI.

Fernley and Ring were reprieved, but Cornish and Gaunt were ordered for execution; accordingly four days after, viz. October 23, Henry Cornish † was drawn on a sledge to

* Fernley was afterwards executed at Ty

burn.

says:

Of the fate of Cornish, Echard (p. 1069,)

but blessed be God for Jesus Christ."-Then

King's street end, in Cheapside, where a gib- standing"-[Here he was interrupted by the
bet was erected on purpose, at which place he Sheriff."I bless God I was born in a land
spoke as follows:
of light, where the gospel bath been preached
in power
me forth in a land of darkness and ignorance;
and purity; he might have brought
he entreated the Sheriff to intercede with his
majesty to be kind to his poor wife and chil-
dren: The Sheriff promised him to wait on his
you a thousand fold; the Lord put it into the
majesty the next day about it. He replied,
hearts of you to be kind to the widows and
"Mr. Sheriff, I thank you, the Lord reward
fatherless; it is your duty: The Lord put it
into the hearts of all good people to pray for

"I am come here this day condemned to die; but God is my witness, the crimes laid to my charge were falsely and maliciously sworn against me by the witnesses; for I never was at any consult, nor any meeting, where matters against the government were discoursed of: I never heard nor read any

me."

the Sheriffs.

Declaration, nor never acted wilfully any thing against the government. I confess, through the justice of God, my private sins have brought me to this infamous end; yea, it were just with God, not only to deprive me eternally of his presence, but to condemn me to eternal torments; but through Christ I hope to be eter-noise of the people, and interruption of one of More could not be taken, by reason of the nally blessed: Yet, as to the crimes for which I suffer, on the word of a dying man, I am altogether innocent. I bless God I was from my younger years brought up in, and have for some years continued a Protestant, in the communion of the church of England; in which communion I now die. I have often partaken in the ordinances, the blessed effects and com fort thereof I now feel in this my agony. I' bless God I was born under a government, in the constitution of which I did ever acquiesce, and in which I was once a member; at which time I did, according to the best of my under

When he had made an end of speaking, the executioner did his office; his head was afterof Will, and Mar. and the witnesses lodged in wards fixed upon the Guild-hall. tainder was reversed by act of parliament, 1st His atremote prisons.

ed according to her Sentence. She left the The same day Elizabeth Gaunt was executfollowing Paper:

the

to offer

Newgate, 22 October, 1685.

dence in the Popish Plot, and how active he "Not knowing whether I should be suffered appeared towards the shedding of the blood of or able, because of weaknesses that are upon the lord Stafford; in whose case he was so zealous, that, being sheriff at that time, he was me, through my hard and close imprisonment, unwilling to allow him the common favour few lines, to signify I am well reconciled to to speak at the place of execution, I write these shewn to the nobility of being beheaded. He in ways I looked not for, and by terrible things, now met with a full retaliation; perhaps more way of my God towards me, though it be from Heaven than from men; and he could life, he ought to have the disposing of it, when hot so much as obtain the same favour himself; yet in righteousness; for having given me but on the 23d of October he was hanged and and how he pleaseth to call for it; and I desire quartered in Cheapside, the heart of the city, sonable service; and also the first terms that and his head fixed upon Guild-hall. Before up my all to him, it being but my reahe went out, he was extremely urgent with Christ offers, that he that will be his disciple the worthy Dr. Benjamin Calamy, who had must forsake all and follow him. And thereattended him to the last, to go with him to the fore, let none think it hard, or be discouraged, place of execution; but that good man had at what hath happened unto me; for he doth such compassionate tenderness in his nature, that he excused himself, saying, he could as nothing without cause, in all that he hath done soon die with him, as bear the sight of his righteous in all his works; and it is but my unto us; he being holy in all his ways, and death. At his execution, he shewed all the lot in common with poor desolate Sion at this marks of a pious christian prepared for death, day: neither do I find in my heart the least and did several times assert and protest his regret of any thing that I have done, in the innocency as to those crimes for which he stood service of my Lord and Master Jesus Christ, condemned: And it is said that king James sufferers, that have shewed favour to his righhimself not long after expressed some regret, teous cause; which cause, though it be now in favouring and succouring any of his poor as if he believed he had hard measure; how-fallen and trampled on, as if it had not been ever, his quarters were ordered to be taken down, and delivered to his relations to be decently interred, as they were in St. Laurence church by Guild-hall.”

Oldmixon, in consideration of Echard's words Retaliation from Heaven,' prays God that "the dreadful judgments [see vol. 6, p. 198,] he has called down on so many innocent persons be not retaliated' on his own sonl."

anointed, yet it shall revive, and God will plead all its opposers and malicious haters: and thereit at another rate, than yet he hath done, with least duty that comes to hand, or lieth before fore let all that love and fear him, not omit the them, knowing that Christ hath need of them, and expects that they should serve him. And I desire to bless him that he hath made me useful in my generation, to the comfort and

ELIZABETH GAUNT.

POSTSCRIPT.

relief of many distressed ones; that the bless- all under my circumstances, and did at that ing of those that have been ready to perish, time, without all mercy or pity, hasten my hath come upon me, and I have been helped to sentence, and held up my hand that it might make the heart of the widow to sing; and I be pronounced; all which, together with the bless his holy name, that in all this, together great one of all, (king James 2,) by whose with what I was charged with, I can approve power all these, and multitudes of more cruelties my heart to him, that I have done his will, are done, I do heartily and freely forgive, as though I have crossed man's will; and the done against me: but as it is done in an imscripture that satisfied me in it is, the xvith of placable mind against the Lord Christ, his righIsa. 3, 4. Hide the outcasts, betray not him teous cause and followers, I leave it to him who that wandereth; let my outcasts dwell with is the avenger of all such wrongs, and hath thee. Obadiah, ver. 13, 14. Thou shouldest said, I have raised up one from the North, and not have given up him that escaped, in the he shall come upon princes as upon mortar, and day of distress. But man saith, You shall as the potter treadeth clay, Isa. xli. 25. He give them up, or you shall die for it. Now shall cut off the spirit of princes, and be terwhom to obey, judge ye. So that I have rible to the kings of the earth, Psal. lxxvi. 12. cause to rejoice and be exceeding glad, in that And know this also, that though you are seemI suffer for righteousness sake, and that I am ingly fixed, and because of the power in your accounted worthy to suffer for well-doing, and hands, and a weighing out your violence, and that God hath accepted any service from me, dealing with despiteful hand, because of the that hath been done in sincerity, though mixed old and new hatred, by impoverishing, and by with manifold weaknesses and infirmities, every way distressing those you have got under which he hath been pleased for Christ's sake to you, yet unless you secure Jesus Christ, and cover and forgive. And now as concerning his holy angels, you shall never do your bumy fact, as it is called, alas! it is but a little siness, nor your hands accomplish your enterone, and might well become a prince to for prizes; for he will come upon you ere you give; but, He that sheweth no mercy shall are aware, and therefore, Ô that you will be find none and I may say of it, in the lan-wise, instructed, and learn, is the desire of her guage of Jonathan, I did but taste a little that finds no mercy from you. honey, and lo, I must die for it; I did but relieve a poor, unworthy and distressed family, and, lo, I must die for it. I desire in the Lamblike will, to forgive all that are concerned; and to say, Lord, lay it not to their charge. But I fear and believe, that when he comes to make inquisition for blood, mine will be found at the door of the furious Judge [Withins,] who, because I could not remember things, through my dauntedness at Burton's wife and daughter's witness, and my ignorance, took advantage thereat, and would not hear me, when I had called to mind that which I am sure would have invalidated their evidence; and though he granted some things of the same nature to another, yet he granted it not to me. My blood will be also found at the door of the unrighteous jury, who found me guilty upon the single oath of an outlawed man, for there was none but his oath about the money, who is no legal witness, though he be pardoned, his outlawry not being recalled; and also the law requires two witnesses in point of life. And then about my going with him to the place mentioned, it was, by his own words, before he could be outlawed, for it was two months after his abscond. ing; and though in a proclamation, yet not high-treason, as I have heard: so that I am clearly murdered by you. And also bloody Mr. Atterbury, who so insatiately hunted after my life; and though it is no profit to him, yet through the ill-will he bore me, left no stone unturned, as I have ground to believe, until he brought me to this; and shewed favour to Burton, who ought to have died for his own fault, and not have bought his life with mine. And lastly, Richardson, who is cruel and severe to

"Such as it is, you have it from her, who hath done as she could, and is sorry she can do no better; hopes you will pity and cover weakness, shortness, and any thing that is wanting, and begs that none may be weakened or humbled at the lowliness of my spirit; for God's design is to humble and abase us, that he alone may be exalted in his day: and I hope he will appear in the needful time, and it may be reserves the best wine,till last, as he hath done for some before me; none goeth to warfare at his own charge, and the spirit bloweth, not only where, but when it listeth; and it becomes me who have so often grieved, quenched, and resisted it, to wait for and upon the motions of the spirit, and not to murmur: but I may mourn, because through want of it,

honour not my God, nor his blessed cause, which I have so long loved and delighted to love; and repent of nothing about it, but that I have served him and it no better."

At

An

a Parliament begun and holden at West-
minster, the 22d of January, primo Guli-
elmi et Mariæ Regis et Reginæ, 1688.
numb. $9.

ACT for reversing the Attainder of HENRY
CORNISH, esq. late Alderman of the
City of London.

"Whereas Henry Cornish, esq. late Alderman of the City of London, was indicted of High-Treason, upon pretence, that knowing James late duke of Monmouth, William Rus

REMARKS upon Mr. CORNISH's Trial, by Sir JOHN HAWLES, Solicitor-General in the Reign of King William the Third.*

THERE yet remains two persons prosecu- | him till eight o'clock at night; and then be tions to speak of; the one is Mr. Cornish, who was taken the of October, 1685, and was arraigned on a Indictment of High-Treason the Monday after, for conspiring to kill the late king Charles the Second; and knowing James duke of Monmouth, William Russell, esq. and sir Thomas Armstrong, to be rebels and traitors, promised to be assisting to them in their treasons. To which he pleaded not guilty. He desired to put off his trial, because he had no notice till the Saturday before at twelve o'clock, and he could get no friend to come to